9084 · 1.2.3
Criminal courts and criminal process flashcards
Revision flashcards for Cambridge 9084 Criminal courts and criminal process (syllabus 1.2.3). Flip, recall, then mark a real past-paper question.
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Summary offence?
Tried only in Magistrates' Court — e.g. common assault, most driving offences.
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Either-way offence?
Magistrates or Crown Court — defendant has right to elect jury trial (s19 Magistrates' Courts Act 1980).
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Indictable offence?
Crown Court only — e.g. murder, robbery, rape; sent from magistrates after a first hearing.
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Mode of trial hearing?
Magistrates decide if an either-way case is suitable for summary trial; if so, the defendant may then elect Crown Court.
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Crown Court trial?
Judge on law, jury of 12 on guilt — unanimous or 10:2 majority verdict.
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Appeal routes from Magistrates' Court?
1. To the Crown Court against conviction or sentence (a full rehearing). 2. To the High Court (Divisional Court) by way of case stated on a point of law.
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What is a 'triable either way' offence?
An offence, such as theft or ABH, that can be tried in either the Magistrates' Court (summarily) or the Crown Court (on indictment). The decision is made during a 'mode of trial' hearing.
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What is the role of the jury in the Crown Court?
The jury are the arbiters of fact. They listen to the evidence and, after direction on the law from the judge, decide whether the defendant is guilty or not guilty.
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What is the role of the Crown Prosecution Service (CPS)?
The CPS is the principal public prosecution service for England and Wales. It decides whether to bring charges against a suspect, based on the Full Code Test, and is responsible for conducting the prosecution in court.
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What is the maximum sentencing power of the Magistrates' Court for consecutive sentences?
For two or more triable either way offences, the maximum aggregate custodial sentence a Magistrates' Court can impose is 12 months' imprisonment.
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What is the 'plea before venue' procedure?
For a triable either way offence, the defendant indicates their plea in the Magistrates' Court. A guilty plea allows magistrates to sentence (or commit for sentence). A not guilty plea leads to the 'mode of trial' hearing (s.17A MCA 1980).
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What is the role of the legal adviser in the Magistrates' Court?
A legally qualified professional who advises lay magistrates on points of law, practice, and procedure. They cannot participate in the verdict but ensure the decision-making process is legally sound.
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What is the 'unsafe' conviction test?
The primary ground for appeal to the Court of Appeal (Criminal Division). Under s.2 of the Criminal Appeal Act 1968, a conviction can be quashed if the court believes it is unsafe, due to legal errors, new evidence, or other factors.
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What is the Criminal Cases Review Commission (CCRC)?
An independent body that investigates suspected miscarriages of justice. It can refer a conviction or sentence back to the Court of Appeal if it finds a 'real possibility' the decision will be overturned, even after normal appeal routes are exhausted.